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Legalities of marriage and more
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Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System. Have a question? Click here...
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Alimony
Rupini asks,
My husband and I got married 12 years ago in India. Now we are in Dubai and my husband is living with a Russian woman since the last three years. Can I file a maintenance/ divorce case against him in the Dubai court on the basis of adultery? What would be the amount of alimony I could get from him as I have a 12 years old daughter to support? If I send my daughter to India for studies, would that weaken my case?
Dear Rupini,
From the given information, your current status and your husband's nationality or citizenship is not clear. Presuming that you both are Indians, you can definitely initiate legal process for the appropriate maintenance for you and your daughter. This can be done at the place where you got married in India, or where you and your husband last resided or have permanent residence in India. You may invoke appropriate proceedings by filing a petition for divorce on the grounds of adultery against your husband if you so desire, at the appropriate family forum in India. The quantum of maintenance will have to be decided by you depending upon your husband's standard of living and his annual income. You may consult a lawyer specialising in divorce laws for initiating the further process.
Nullifying the illegal marriage
Missy asks,
My friend is only 17 and her parents got her married to a 22-year-old guy in India. Both are Indian Hindus. The girl's father produced a false birth certificate during her marriage. What can be done to void or nullify this marriage? What legal action can be taken against the parents of the girl and the boy who married the girl? Who can file such a complaint with law enforcement and will they even do anything in this case since parents got her married and the girl didn't even refuse?
Dear Missy,
The relevant documents pertaining to the marriage will have to be perused and checked with regards to the appropriate status of the parties being married. Usually, only either of the spouse, if need arises, may initiate or invoke any legal process, for being aggrieved by the either on appropriate grounds invoking and challenging the marriage legally.
Marriage issues
Sarath asks,
Both of us are Indians, and we got married in USA. The foreign marriage act says we must notify the authorities 30 days before getting married. Does producing the marriage license of USA and our marriage photos to the marriage officer help us in getting an Indian marriage license? We hardly have anytime to act. My wife can't go to India, as she will be out of status, if she does. I am going to India in 10 days.
Dear Sarath,
Since your marriage is already registered under the Foreign Marriage Act, presumably your marriage is a legally valid marriage. You may produce the appropriate marriage registration certificate for any legal compliance as required by you.
Civil marriages
Deepak asks,
I am an Indian citizen working in Kuwait. I want to marry a Philippine girl who is also working in Kuwait. I want to marry her in India, Philippines or in Kuwait. Can you tell me how I can do this?
Dear Deepak,
You can definitely marry your friend in India under the special marriage act, 1954. The act requires certain preliminaries to the solemnisation of marriage. It should be kept in view that marriages under the Act are essentially civil marriages, and the Act provides for civil formalities. Please read: Special Marriage Act, 1954.
Formalities to register marriage
Ahmed asks,
I am an Indian working in UAE. I want to marry an African national in India, in a religious ceremony and not just have a civil marriage. What are the legal formalities I have to fulfill after we get married to register our marriage? Is it compulsory for her to obtain a letter of permission from her embassy?
Dear Ahmed,
You can definitely get married to your friend in India. It is preferable that you get married under the Special Marriage Act, 1954 and then you could inform the appropriate authorities / embassy accordingly for further compliances as necessary. The special marriage act, 1954 requires certain preliminaries to the solemnisation of marriage. It should be kept in view that marriages under the Act are essentially civil marriages, and the Act provides for civil formalities.
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